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This set of Philippines Civil Law Society Multiple Choice Questions & Answers (MCQs) focuses on Philippines Civil Law Society Set 3
Q1 | In land registration cases, the government is always represented by whom?
- By the Office of the City Prosecutor.
- By the Office of the Solicitor General.
- By a private counsel hired for that matter.
- By the Register of Deeds.
Q2 | Accession is not a mode of acquiring ownership?
- Yes, because it was not one of the seven (7) modes of acquiring ownership.
- No, it is considered as acquisition by law.
- No, because it is neither alluvium nor avulsion.
- Yes, in accordance with our customs.
Q3 | A Torrens Title is not a protection in alluvium?
- No, because a land covered by Torrens Title is not subject to prescription.
- No, for economic reason.
- Yes, because the soil added cannot be identifi
Q4 | A possessor in bad faith of a land is entitled for reimbursement as a matter of right?
- Yes, but only to useful expenses.
- No to all kind of expenses, because he is in bad faith.
- Yes, but only to luxury expenses.
- Yes, but only to necessary expenses.
Q5 | In land registration cases, the court may acquire jurisdiction only after:
- Service of summons to the respondents/defendants.
- After trial of the case.
- Upon filing of the petition/complaint.
- Upon publication.
Q6 | In the contract of usufruct, the owner of the property is being called the naked owner. Why?
- Because the owner lost possession of the property.
- Only if the subject is real property.
- Because of the agreement of the parties.
- Because he was divested of his two (2) major rights.
Q7 | In formation of an island, the owner of the nearest margin/distance is the owner of the new island?
- Because of the principle that accessory follows the principal.
- Because of the express provision of laws.
- Only if the river is floatable or navigable.
- Only if the river is non-floatable or non-navigable.
Q8 | Easement is always a real right.
- Yes, if the easement is for use of another real property.
- No, if the easement is for use of person only.
- Yes, because it is enforceable against the wor
Q9 | Registration of the Register of Deeds is a mode of acquiring ownership.
- Yes as provided for by P.D. 1529.
- Yes as provided for by the New Civil Code.
- No, it is only for the protection of ownership rights.
- Yes, because if you failed to register it, you may lost it by prescription.
Q10 | May a local ordinance extinguish a legal easement?
- Yes, because it is a recent law.
- Yes, if the local ordinance expressly provided the same.
- No, because a local ordinance should not be repugnant to law.
- No, because the local ordinance is not valid for being contrary to law.
Q11 | A condominium buyer is entitled to the issuance of the Condominium Certificate of Title as a matter of right.
- Yes, from the time he signed the Contract of Sale.
- Yes, from the time he fully paid the purchase price.
- Yes, from the time of the delivery of the condo unit.
- Yes, provided it is stated at the Master Deeds.
Q12 | The doctrine of “Hot Pursuit” is an exemption to that a person should not take the law into his own hands.
- Yes, under special circumstance only.
- No, because everybody should be law abiding citizen.
- No, because ignorance of the law excuses no one.
- No, because the rule allows no exemption.
Q13 | The nature of action in Quieting of Title is in personam.
- No, because the subject of the case is always a real property.
- No, because the decision in the case is enforceable against the whole world.
- Yes, provided the subject is a personal property.
- Yes, because the decision is enforceable only against the litigating parties.
Q14 | Finder of lost movable property is guilty of the crime of theft if he keeps the thing to himself?
- No, because there is no force upon person.
- Yes, if there is force upon thing.
- Yes, like in prescription.
- Yes, because the owner lost only physical possession.
Q15 | Reproduction of books by Xerox or photocopying is a violation of the Copyright Law?
- No, it is being tolerated anyway.
- No, because there is no law that prohibits it.
- No, because it is economical.
- Yes, because it deprives the author of his royalties.
Q16 | Donation is both an act and a contract.
- No, because it is an act of man only.
- No, because there is no exchange of value.
- Yes, because it is a gratuitous contract.
- No, because it is not part of Obligation and Contract of New Civil Code.
Q17 | Donation of the same thing to two or more persons shall be governed by the rule on double sale?
- No, because they are of different contracts.
- No, because they are covered by different chapters of the New Civil Code.
- Yes, because both acts transfer ownership.
- No, because in donation there is no exchange of value.
Q18 | All installment buyers of real estate are protected by R.A. 6552 (Maceda Law).
- Yes, because it is the intent and spirit of the law.
- No, only those who had paid at least 2 years of installment and defaulted later.
- No, they have to apply for it first at HLURB to be cover
Q19 | Noel and Liza were sweethearts. Liza became pregnant. Knowing that Noel was preparing for the bar examinations, Miguel, a lawyer and cousin of Liza threatened Noel with the filing of a complaint for immorality in the Supreme Court, thus, preventing him from taking the examinations unless he marries Liza. As a consequence of the threat, Noel married Liza. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code?
- Yes, because without the threat, Noel would not marry Liza.
- Yes, because the threat, to enforce the claim of Liza, vitiates the consent of Noel in contracting the marriage.
- No, because the threat made by Miguel is just and legal.
- No, because Miguel is not a party to the contract of marriage between Liza and Noel.
Q20 | Magdalene and Shantung Company entered into a contract of agency before the consul general of the Philippines in Singapore. They stipulated that Magdalene shall be the administrator of the real properties of Shantung Company in the said country. By virtue of the said contract, Magdalene sold the 1 hectare land of Shantung Company located in Singapore to Mayhem Real Estate Corporation without any special power of attorney. The said contract of sale was executed before the vice consul of the Philippines in Singapore. Under the laws of Singapore, the sale of a real property by an agent without a special power of attorney is valid. Shantung Company filed a suit for the annulment of the contract of sale on the ground that Magdalene has no authority to sell the property. If you were the judge, which of the following courses of action should you take?
- Dismiss the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are executed.
- Dismiss the action for annulment on the ground that the property subject of the case is located in Singapore, thus, the law of Singapore shall govern.
- Grant the action for annulment on the ground that the forms and solemnities of contracts, wills and other public instruments shall be governed by the law of the country in which they are execut
Q21 | Wendy, single, bought a parcel of land in Dagupan City from Amante for P600,000.00. A contract was executed between them which already vested upon Wendy full ownership of the property, although payable in monthly installments for a period of 4 years. One year after the execution of the contract, Wendy got married to Lorenzo. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from the conjugal partnership funds. Is the land conjugal or paraphernal?
- The land is conjugal because the installments were paid from the conjugal partnership funds.
- The land is paraphernal because ownership thereof was acquired before the marriage.
- The land is both conjugal and paraphernal because the installments were paid from both the personal funds of Wendy and the conjugal partnership funds.
- The land is paraphernal because it was Wendy who purchased the same.
Q22 | Marvin was married to Charina on February 14, 1990. Charina gave birth to a baby girl she named Noreen. Due to irreconcilable differences, Marvin left the conjugal dwelling. Charina, on the other hand fell in love with David and they decided to live together as husband and wife on May 12, 1992. Six (6) years after or on September 8, 1998, Marvin died in an accident. Free at last, Charina and David decided to get married on February 14, 2000 executing an affidavit that they have been living together as husband and wife for more than five (5) years. The marriage took place but the solemnizing officer failed to execute an affidavit that he ascertained the qualifications of the contracting parties. Two (2) years later, Charina died living a considerable amount of properties. Noreen, assisted by her grandparents, filed a petition questioning the validity of her marriage to David. If you were the judge, how will you decide on the petition?
- Dismiss the petition on the ground that Noreen has no personality to question the validity of the marriage of her mother to David.
- Grant the petition on the ground that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.
- Dismiss the petition on the ground that the marriage is valid because Charina and David lived together as husband and wife for more than 5 years and their marriage took place after the death of Marvin, the husband of Charina, thus, no need to secure a marriage license.
- Grant the petition on the ground that the marriage is void ab anitio, as the ratification of their marital cohabitation is not valid.
Q23 | Spouses Reynaldo and Ana decided to separate and to voluntary dissolve their conjugal partnership. Hence, they executed a public document wherein they declare that they had no debts, that they were voluntarily dissolving their conjugal partnership, and that each of them would thereafter be free to acquire or dispose of any property independently of the other. Thereafter, they lived apart. Ana engaged in business which unfortunately failed. Reynaldo, on the other hand, continued to be gainfully employed and was able to acquire properties through his own efforts. The creditors of Ana obtained a judgment against the latter which they could not satisfy because Ana was insolvent. Could the creditors of Ana obtain satisfaction of the judgment out of the properties of Reynaldo?
- Yes, because the properties of Reynaldo are conjugal as they were obtained through his efforts and industry.
- Yes, because the parties are still legally married to each other when the creditors obtained a favorable judgment against Ana.
- No, because the properties of Reynaldo are his exclusive properties as they were obtained through his own efforts and industries.
- No, because there was an agreement between the parties to voluntarily dissolved their conjugal partnership.
Q24 | Jessie donated P200,000.00 to the unborn child of his cousin Laura, which the latter accepted in a private instrument. After 6 months of pregnancy, the fetus was born and baptized Casey. Casey died 22 hours after birth. Jessie sought to recover the P200,000.00. Is Jessie entitled to recover the money he donated?
- No, because the donation is valid as Laura already accepted the same
- No, because when Casey died, Laura, as Casey’s heir, inherited the money donated by Jessie.
- Yes, because the donation never produced any legal effect as Casey, the supposed donee, never acquired civil personality.
- Yes, because the donation is void as the acceptance was not made in a public instrument, thus producing no legal effect.
Q25 | Clark Kent, an American national, married Darna dela Cruz, a Filipino Citizen last March 8, 1992 with a valid marriage license. It appears that Clark Kent was issued a certificate of legal capacity to contract marriage after the celebration of the marriage. The U.S. embassy claims that such marriage is void from the beginning. Is the contention of the U.S. embassy tenable?
- Yes, because the law provides that when either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them, before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
- Yes, because the marriage license was wrongfully obtained by the parties, thereby invalidating the marriage.
- No, because the U.S. embassy later on issued a certificate of legal capacity to contract marriage, thus, during the defect in the issuance of the marriage license.
- No, because the absence of the certificate of legal capacity to contract marriage is a mere irregularity in the formal requisites of marriage, thus it will not affect the validity of the marriage.